State v. Driscoll

¶1 The State appeals the order of the Fifth Judicial District, Beaverhead County, that suppressed statements made by Appellee Dominic Paul Driscoll (Driscoll) to two police officers. We affirm.

¶2 The State presents the following issues on appeal:

¶3 Whether the officers possessed particularized suspicion to question Driscoll?

¶4 Whether the officers violated Driscoll’s right against self-incrimination?

PROCEDURAL AND FACTUAL BACKGROUND

¶5 Assistant Chief Don Guiberson and Officer Brad Rose of the Dillon Police Department observed Driscoll holding a beer can in a bar during a routine sweep during…